Fullerton Food Delivery Accident Lawyer

Food delivery services, like Uber Eats and DoorDash, provide convenience and quick access to various types of meals all with the tap of a finger. With its rise in popularity, the number of drivers on the road continues to increase, leading to a greater likelihood of food delivery accidents. This can happen at any given moment and can affect:

• Drivers
• Pedestrians
• Other road users, like cyclists or scooter riders

Affected victims are given the right to pursue legal action against the at fault party to secure compensation. At West Coast Trial Lawyers, our Fullerton personal injury lawyers are readily available to step in and take on your case. With over 20 years of knowledge and expertise in personal injury law and a proven track record of delivering client satisfaction, we are confident that our personalized service will not disappoint.

We run on a contingency-fee basis, meaning that you owe us nothing unless we settle your case. To schedule a FREE consultation with a food delivery accident attorney, you can connect with us by calling (213) 927-3700 or completing our easy online contact form.

Common Causes of Food Delivery Accidents

A food delivery accident can happen due to numerous reasons, often resulting in minor to serious injuries, along with property damage. Let’s examine the specific circumstances sectioned below to understand how they can contribute to such an outcome.

Distracted Driving

A food delivery driver must use their cell phone when fulfilling work-related duties, like accepting requests or accessing a navigation system to know where to drop off the order. Although a phone is needed to perform such tasks, it must be done in a lawful manner.

So, if a food delivery driver uses a phone without utilizing hands-free or voice-operated features (CVC 23123) or is seen texting while driving (CVC 23123.5), they will face legal repercussions, especially if their actions lead to an accident.

To mitigate distractions, it is encouraged for drivers to use hands-free electronic devices and set navigation routes before heading out.

Speeding

Food delivery drivers are required to meet the estimated time displayed on the respective app to ensure the customer is satisfied with their services. In some cases, if they fall behind, they will feel compelled to speed to prevent tardiness.

Doing this can put the food delivery driver in harm’s way as such actions can lead to a reduced reaction time, making it more difficult for them to avoid hazards or other motorists who make abrupt changes on the road.

To address speeding, food delivery drivers should plan their routes beforehand to prevent time pressure.

Fatigue

Food delivery drivers are given flexible schedules, giving them the opportunity to choose when to go online. Some may decide to work short hours whereas others will want long hour shifts to acquire more compensation. This, however, does have its downsides, which include:

• Inadequate rest
• Physical and mental exhaustion
• Irregular schedules

Fatigue drivers may experience a reduced response time to hazardous conditions, or even fall asleep behind the wheel. Either of these can result in disastrous outcomes. To combat fatigue, it is encouraged to establish a better approach to sleep hygiene, giving your body the rest it needs to operate normally within the next day.

Mechanical Error

A food delivery driver is required to do regular vehicle maintenance to ensure it is in good condition before accepting requests. Delivery companies can implement schedules and provide training to identify signs of potential issues that could trigger a car accident. 

Common mechanical issues that may arise include the following:

• Brake problems
• Tire issues
• Engine or electrical failures

In some cases, the manufacturing company could be held liable for producing a faulty vehicle and not disclosing the issues it has. A lawsuit can be filed against them to recover compensation for losses incurred due to their negligence.

What to Do After a Food Delivery Accident

A food delivery accident can be stressful to deal with, especially if this is your first time involving yourself in a personal injury lawsuit. But, if you consider doing the steps sectioned below, you can ensure your safety and better your likelihood of obtaining a fair settlement.

Contact Local Authorities

Even if the food delivery accident seems minor, it is a good idea to contact local authorities for assistance. Police will arrive shortly after and document the scene, which you can use for insurance claims later. Paramedics may also show up to provide immediate medical care to injured parties.

Seek Medical Attention

You should seek medical attention as soon as possible, this applies regardless of whether you endured minimal bodily harm. Some injuries may go unnoticed, and can progressively worsen over time if not treated properly. A physician can run a medical evaluation to possibly diagnose a condition and provide a treatment plan to help with your recovery.

You can request a copy of your medical records pertaining to these services as it can play an important role in a personal injury claim.

Gather Evidence

Try to gather some of the following pieces of evidence to better your likelihood of acquiring maximum compensation.

• Photos or video footage of your injury, damages, and the accident scene
• CCTV footage
• Witness statements
• A copy of the police report and your medical records

Seek Legal Representation From a Fullerton Food Delivery Accident Lawyer

Undergoing a lawsuit on your own can be challenging, especially if it is your first time involving yourself in one. But, seeking legal assistance from a Fullerton food delivery accident lawyer can help ease the process.

At West Coast Trial Lawyers, our team is readily available to assess your case and explain what legal options you have available. From there, we will create a strategic approach with your needs and priorities in mind to ensure we deliver satisfactory results.

Determining Liability in a Food Delivery Accident

Determining liability in a food delivery accident can be difficult as it often involves multiple parties and several factors. To move forward with the process, you will need to collect evidence that demonstrates the elements of negligence:

• The defendant owed you a legal duty of care
• The defendant failed to uphold their duty of care
• The defendant’s recklessness was the primary cause of your injury
• You endured losses, like hospital fees or emotional distress, as a result of the incident

Under California’s pure comparative negligence rule, all parties will be assessed to identify the responsible party. Even if you are partially liable, you can still recover compensation. But, it will be adjusted based on your level of fault.

So, if total damages are $100,000 and you are 10 percent accountable for the food delivery accident, it will be reduced to an estimate of $90,000.

In most cases, liability will fall on the food delivery driver or other third parties, like motorists or vehicle manufacturers. Companies typically do not share fault. But, under certain circumstances, can face legal repercussions if they performed negligent hiring practices that ultimately contributed to the event.

If you are unsure about who you should hold accountable for your damages in a food delivery accident, you can get in touch with our Fullerton personal injury attorneys for assistance. Our team will assess the information presented to identify the at fault individual or entity, and will work diligently to ensure we meet or exceed your expectations.

Common Injuries in a Food Delivery Accident

A food delivery accident can lead to various types of injuries. Physical pain will differ based on the intensity of the impact. Some common forms of bodily harm that may occur include:

• Broken bones
• Head injuries
• Spinal cord injuries
• Internal injuries

Regardless of whether you sustained minor or serious injuries, you should get yourself evaluated by a medical professional just to be on the safe side.

Food Delivery Insurance Policy

Food delivery companies, like Uber Eats and DoorDash, offer liability coverage to drivers, particularly when they are actively delivering food. This includes bodily injury liability and property damage liability.

Different levels of coverage may apply:

• Offline: The food delivery driver will have to use their own insurance policy to cover damages.
• Online and Awaiting a Request: Basic liability coverage will be provided, like: $50,000 per individual, $100,000 per accident for injuries, and $25,000 in property damage. Uninsured and underinsured motorist coverage may also apply during this phase.
• Online and Delivering Food: Enhanced liability coverage will become effective. This usually includes higher limits on bodily injury and property damage liability, specifically up to a $1,000,000 combined limit.

Available Compensation in a Food Delivery Accident Case

Compensation granted in a food delivery accident case will vary for each victim. Typically, the following factors will be considered when determining a settlement value:

• The extent of your injury
• Percentage of fault
• Current and future medical bills
• Lost wages and earning capacity

You can use our personal injury settlement calculator to get an idea of what you could be entitled to. Simply input the expenses you sustained from the food delivery accident to get the estimated amount.

Usually, economic damages and non-economic damages are granted.

Economic Damages

Economic damages are tangible losses that are easy to quantify in monetary terms, including:

• Medical expenses
• Lost income
• Property damage

Non-Economic Damages

Non-economic damages refer to subjective, non-monetary losses, such as:

• Emotional distress
• Loss of enjoyment of life
• Pain and suffering

Schedule a Free Consultation with West Coast Trial Lawyers Today

Accident victims are entitled to sue to recover compensation. For assistance with the legal process, you can get help from one of our Fullerton food delivery accident lawyers at West Coast Trial Lawyers. We will protect your rights and advocate on your behalf to make sure you get full compensation to cover the losses you incurred.

To schedule a FREE consultation with an experienced attorney, you can connect with our 24/7 legal team by calling (213) 927-3700 or filling out our quick online contact form.

Food Delivery Accident FAQ

Can I File a Wrongful Death Claim After a Food Delivery Accident?

Yes, you can file a wrongful death claim after a food delivery accident if you lost a loved one as a result of someone else’s negligence. To establish such a lawsuit, you will need to prove the following:

• The food delivery driver had a duty to act with reasonable care
• The food delivery driver failed to fulfill their legal obligation
• The food delivery driver’s negligence ultimately cost the victim his or her life
• You sustained damages due to the victim’s passing, like funeral expenses or loss of consortium

It is advisable to speak with a Fullerton personal injury lawyer to discuss how to navigate the legal process.

Are Food Delivery Drivers Employees or Independent Contractors?

Under Proposition 22, food delivery drivers are classified as independent contractors. With such a status, they will generally be responsible for their own actions. So, if they are found negligent, they will hold accountability for damages from the accident.

How Long Do I Have to File a Food Delivery Accident Claim?

You will be given two years to file a food delivery accident claim in Fullerton. Although it may seem like enough time, you should still act promptly by gathering significant evidence and seeking the right legal representation to better your chances at receiving a favorable outcome. If you fail to fulfill these tasks in a timely manner, you could risk exceeding the statute of limitations and lose your opportunity to recover compensation.